Free Memorandum in Opposition to Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00583-JCH

Document 90

Filed 08/30/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT LUIS FERNANDEZ VS. JOHN ARMSTRONG, ET AL. : : : : : PRISONER NO. 3:03CV583(JCH)(HBF)

AUGUST 29, 2005

MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR CORRECTION OF JUDGMENT By two pleadings dated August 15, 2005 and titled "Motion for Correction of Judgment," and by pleading dated August 15, 2005 and titled "Motion for Leave To Proceed In Forma Pauperis" plaintiff pro se inmate seeks an order from the court correcting its December 8, 2004 judgment granting summary judgment to the defendants in this case and seeks to appeal without payment of fees. We urge the court to deny the motions. The Motions for Correction of Judgment should be denied because they duplicate at least one similar motion filed by plaintiff on May 10, 2005 in Docket # 86. duplicative. Moreover, the Motions for Correction of Judgment and Motion to appeal without payment of fees should be denied because plaintiff already appealed, in February, 2005, he raised the same issue as discussed in his Motions for Correction of Judgment in his appellate brief, along with over a dozen other issues, and his appeal was dismissed by the United States Court of Appeals for the Second Circuit on August 17, 2005. See Amended Order, Exhibit A. Thus, this case is closed. It is, therefore,

Case 3:03-cv-00583-JCH

Document 90

Filed 08/30/2005

Page 2 of 2

Accordingly, we request the court to deny plaintiff's motions.

DEFENDANTS, John Armstrong, et al. RICHARD BLUMENTHAL ATTORNEY GENERAL

BY:_______/s/_______________________________ Robert F. Vacchelli Assistant Attorney General Federal Bar No. ct05222 110 Sherman Street Hartford, CT 06105 Telephone No.: (860) 808-5450 Fax No.: (860) 808-5591 E-mail: [email protected]

CERTIFICATION I hereby certify that a copy of the foregoing was mailed to the following on this 29th day of August, 2005: Luis Fernandez, Inmate No. 279900 MacDougall-Walker Correctional Institution 1153 East Street South Suffield, CT 06080 _________/s/______________________________ Robert F. Vacchelli Assistant Attorney General

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